The Supreme Court on Friday granted anticipatory bail to Indian Youth Congress president BV Srinivas in an alleged harassment case.
A bench of Justices BR Gavai, Aravind Kumar and PK Mishra made its May 17 order absolute noting that he was cooperating with the investigation.
Previously on May 17, the apex court granted Srinivas interim protection from arrest in the case.
The bench stated, “There is an application for grant of anticipatory bail. We had granted interim protection on May 17.
The counsel for Assam opposed the grant of anticipatory bail. Taking into consideration that the petitioner has cooperated into the investigation, we are inclined to allow the application. The order dated May 17 is made absolute.”
The Gauhati High Court rejected the anticipatory bail plea of Srinivas in a case lodged by the expelled chief of Assam Youth Congress, accusing him of causing mental agony.
On May 17, the top court issued notice to the Assam government seeking its response on the plea by July 10.
The bench stated, “We have also perused the statement of the complainant recorded under section 164 of the Code of Criminal Procedure, 1973, which has been so graciously placed before us by the prosecution. We do not wish to comment anything about the same at this stage inasmuch as it may again have an effect on the rights of the parties at the trial.”
It stated in its order, “Prima facie, taking into consideration the delay of almost two months in lodging the FIR, in our view, the petitioner is entitled to interim protection.”
The court directed that, in the event of arrest in connection with the case, the petitioner shall be released on anticipatory bail on furnishing solvent surety in the sum of Rs 50,000 with one or more sureties in the like amount.
Furthermore, it asked Srinivas to cooperate in the investigation and appear before the police on May 22 and, thereafter, as and when called upon to do so.
It also directed him to cooperate in the inquiry being carried out by the National Commission for Women.
The high court stated that it was of the opinion that the case was not fit for granting the privilege of pre-arrest bail to the petitioner and rejected it. The high court, while disposing of the anticipatory bail application also returned the case diary.
Moreover, the counsel for Srinivas argued that all charges levelled against the IYC president under various sections, barring those under Section 354 of the IPC, are bailable in nature. Section 354 of the IPC relates to assault or use of criminal force on a woman with the intention of outraging her modesty.
Besides, the alleged offence occurred in Raipur in Chhattisgarh which was beyond the territorial jurisdiction of the Dispur police station, where the case was filed, the counsel for Srinivas stated.
The high court, after hearing both sides, observed the victim is aged 35 years and, according to the order of the Kamrup (Metro) additional chief judicial magistrate, he was satisfied that she “deposed voluntarily and without being under any pressure or influence from any side”.
Srinivas, in his petition filed in the high court on April 26, appealed that the FIR filed by the woman alleging mental harassment and physical manhandling be quashed immediately.
The woman, in her complaint at Dispur police station, alleged that Srinivas was “persistently harassing and torturing her for the previous six months by making sexist comments, using slang words and also threatening her of dire consequences” if she kept complaining against him to senior party office bearers.
Also, she claimed that Srinivas heckled her, held her arm, pushed and pulled her and used slang words during the party’s recent plenary session in Raipur. He also threatened to ruin her career in the party if she complained against him.
The woman made the allegations against the IYC president in a series of tweets on April 18.
A 5-member Guwahati police team went to Bengaluru on April 23 and pasted a notice at Srinivas’ residence directing him to appear at the Dispur Police station by May 2.
The Congress issued show cause notice to the woman and later expelled her from the primary membership of the party for 6 years for anti-party activities. Srinivas also served a legal notice to the woman demanding an apology, failing which he threatened to initiate legal proceedings.
